In response to Mr. Michael Maurer Sr.’s letter (Commu-nity News, Feb. 1) I believe there may be some misunderstandings as to what Mayor Stevick’s intentions are with regard to managing development within the city limits and the ETJ.  Again, I do not believe the mayor or council plans to violate any laws, nor do I believe they are planning to seek court action to enforce ordinances beyond their jurisdictional control.  The city does, however, have every right to pursue and/or determine what jurisdiction it has within the ETJ, under the law.  

Mr. Maurer stated that I was unaware that the laws Bulverde operates under do not give Bulverde the right to control development in the ETJ.  If this were entirely true, then I would like to ask Mr. Maurer to explain why developers in the ETJ are required to present their master plans and subdivision plats to the city for approval.

As I understand, any time land is subdivided (parcels being created for sale that are below 10.01 acres or if access needs to be created for 10.01 acre or larger tracts) some rules need to be followed.  In the ETJ area, the rules that need to be followed are either the city or the county rules.  The two agencies generally agree as to who will enforce the standards in the ETJ.  Most cities take the lead role in these situations, as the ETJ area generally represents areas that will be annexed into the city in the future.  It is preferable for the annexed areas to be in compliance with the “city rules” before it comes into the city to avoid costly reconstruction to make it comply with current regulations.  This is why Bulverde has taken the lead role in the ETJ, and why developers in the ETJ have to present their master plans and subdivision plats to the city for approval.

The city does have some limited enforcement in the ETJ under state law.  For example, the city cannot regulate lot density if a subdivision is going to have both central water and central sewer.  If both of these components do not exist, then the city can stipulate a minimum lot size for the development.  I would encourage Mr. Maurer to do a little more research in these areas. If he finds this information to be inaccurate, I will stand corrected and I am sure the city would be interested in the source of his findings.

While I am not a developer either, my career gave me some first hand experience in working with developers.  Yes, developers are supposed to abide by either city ordinances or county regulations, but this is not always the nature of the beast. Many developers have a unique way of doing business.  As with our own lives, any government-imposed ordinance or regulation tends to hinder our lifestyle and complicate matters.  To many developers, such ordinances and regulations are often costly and impede the process.  Unfortunately, these situations have a tendency to encourage developers to skirt or purposely overlook ordinances and regulations in hopes they will go undetected. 

I would also like to compliment Mr. Maurer and his family for holding firm and not selling developers the land that has been in their family since the forties.  Being a native Texan and partially raised on a farm myself, I have a real appreciation for the countryside and for those who are protective of their land.  Perhaps the issue here is not necessarily about managing development in the ETJ, but the possibility of being annexed in the future.  If this is the case, then I could understand why Mr. Maurer may have some concern.  If I owned a large parcel of land in the countryside, I would not cherish the thought of being annexed either.  Yes, it is unfortunate for those who fall within the ETJ.

The same as with development growth, however, annexation is inevitable within certain ETJ areas.  However, this will not be an issue for some people living in the ETJ for many years.  And since state law allows only 10 percent of the city’s area to be annexed each year, it would be years before some areas would be considered for annexation, a process in itself that takes years to complete.  On the other hand, if Bulverde had not incorporated, we would all likely be facing annexation by San Antonio in the future.  

Since Mr. Maurer had asked when did I build my home and when will I “cash in,” I will gladly respond.  It is really irrelevant as to when I built my home and I do not expect to be approached by any developers about my little plot of ground (less than an acre).  And, I plan to “cash in” when they carry me out in a wooden box.